The applicants brought a motion to compel the Ministry of the Solicitor General to add several categories of documents to the Record of Proceeding in an application for judicial review.
The underlying application challenges the decision to build a new correctional facility on a site in Kemptville, alleging violations of the Planning Act.
The Divisional Court dismissed the motion, finding that the applicants were seeking impermissible documentary discovery and that the requested documents related to core policy decisions regarding site selection, rather than the justiciable legal issue of whether the decision violated the Planning Act.